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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 510 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 510

          To protect indigenous peoples throughout the world.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 1993

  Mr. Gilman introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
          To protect indigenous peoples throughout the world.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Indigenous Peoples 
Protection Act of 1993''.

SEC. 2. FINDINGS.

    (a) Deteriorating Situation Facing Indigenous and Tribal Peoples.--
The Congress makes the following findings:
            (1) The situation of indigenous and tribal peoples in 
        developing countries is deteriorating world-wide.
            (2) Many of these populations face severe discrimination, 
        denial of human rights, loss of cultural and religious 
        freedoms, or in the worst cases, cultural or physical 
        destruction.
            (3) If current trends in many parts of the world continue 
        the cultural, social, and linguistic diversity of humankind 
        will be radically and irrevocably diminished.
            (4) In addition, immense, undocumented repositories of 
        ecological, biological, and pharmacological knowledge will be 
        lost, as well as an immeasurable wealth of cultural, social, 
        religious, and artistic expression, which together constitute 
        part of the collective patrimony of the human species.
            (5) The pressures on indigenous and tribal peoples, about 
        10 percent of the world's population, include denial of 
        political and civil rights and of opportunities for self-
        determination, destruction of natural resources necessary for 
        survival, and ethnic, racial, and economic marginalization.
            (6) In many cases, unsound development policy that results 
        in destruction of natural resources seriously jeopardizes 
        indigenous and tribal peoples' physical survival and their 
        cultural autonomy, frequently also undermining the possibility 
        for long-term sustainable economic development.
            (7) The loss of the cultural diversity for indigenous and 
        tribal peoples is not an inevitable or natural process.
            (8) In light of United States concern and respect for human 
        rights and basic human freedoms, including rights to express 
        cultural and religious preferences, as well as the United 
        States desire for sustainable economic development, it is 
        incumbent on the United States to take a leadership role in 
        addressing indigenous and tribal peoples' rights to physical 
        and cultural survival.
    (b) Definition of Indigenous and Tribal Peoples.--Indigenous and 
tribal peoples in developing countries are those populations that are 
ethnically, culturally, or socially distinct from the politically 
dominant society on the regional or national level. These peoples are 
often (but not invariably) minorities, and invariably have little, if 
any, political representation or influence in governments. Many such 
peoples are marginally integrated into market economies and practice 
traditional, partially or wholly subsistence-based forms of economic 
activity. Examples of indigenous or tribal peoples include lowland 
South American Indians, Basarwa of Botswana and Namibia, Mayan Indians 
in Central America, and registered tribes in India.

SEC. 3. PROMOTING AND PROTECTING THE RIGHTS OF INDIGENOUS AND TRIBAL 
              PEOPLES.

    The Secretary of State and the Administrator of the Agency for 
International Development shall ensure--
            (1) that United States foreign policy and foreign 
        assistance vigorously promote the rights of indigenous and 
        tribal peoples throughout the world; and
            (2) that United States foreign assistance is not provided 
        for any project or program detrimental to the rights of 
        indigenous or tribal peoples or to their livelihood.
The rights of indigenous and tribal peoples to be promoted and 
protected pursuant to this section include the right to maintain their 
cultural, religious, and other traditions, customs, and institutions.

SEC. 4. BASELINE REPORT ON INDIGENOUS AND TRIBAL PEOPLES.

    (a) Purpose.--The purpose of this section and section 5 is to 
help--
            (1) guide future United States foreign assistance and other 
        actions that could affect indigenous and tribal peoples, and
            (2) permit United States actions that would assist these 
        peoples.
    (b) Preparation of Report.--The Administrator of the Agency for 
International Development, in consultation with the Secretary of State, 
shall prepare a report on indigenous and tribal peoples in developing 
countries. This report shall include the following:
            (1) A description of the economic, political, and social 
        situation of indigenous and tribal peoples.
            (2) A discussion of the effects of United States bilateral 
        foreign assistance and United States-supported multilateral 
        assistance on indigenous and tribal peoples, including a 
        description of those projects and activities currently being 
        funded by the Agency for International Development--
                    (A) which have a positive impact on indigenous and 
                tribal peoples, or
                    (B) which have a negative impact on indigenous and 
                tribal peoples.
            (3) A comprehensive strategy for regularly monitoring and 
        improving the situation of indigenous and tribal peoples, 
        including--
                    (A) a description of the methodology and the 
                guidelines to be used in carrying out the monitoring 
                required by section 5, and
                    (B) a description of the specific actions that the 
                Agency for International Development proposes to take 
                to improve the situation of indigenous and tribal 
                peoples.
    (c) Consultation With NGOs.--The Administrator shall consult with 
nongovernmental organizations with experience in monitoring and 
reporting on indigenous and tribal peoples, and with other interested 
persons, throughout the preparation of the report required by 
subsection (b), but in particular--
            (1) in determining the scope of that report; and
            (2) in developing the methodology to be used in preparing 
        that report.
    (d) Submission to Congress.--Not later than 6 months after the date 
of enactment of this Act, the Administrator shall submit the report 
prepared pursuant to subsection (b) to the Congress.

SEC. 5. MONITORING REGARDING INDIGENOUS AND TRIBAL PEOPLES.

    (a) Monitoring.--The Agency for International Development (in 
consultation with the Department of State), on a regular basis, shall 
collect information concerning and shall analyze the situation of 
indigenous and tribal peoples in developing countries.
    (b) Use of NGOs.--In carrying out subsection (a), the Agency shall, 
wherever appropriate, use nongovernmental organizations with experience 
in monitoring and reporting on indigenous and tribal peoples.
    (c) Annual Reports to Congress.--Following completion of the report 
required by section 4, the Administrator of the Agency for 
International Development shall submit to the Congress, not later than 
February 1 each year, a report which--
            (1) presents the findings resulting from the monitoring of 
        indigenous and tribal peoples carried out pursuant to 
        subsection (a);
            (2) updates the information provided in the report 
        submitted pursuant to section 4; and
            (3) describes the activities which the Agency for 
        International Development proposes to fund for the coming 
        fiscal year to address the problems facing indigenous and 
        tribal peoples in developing countries, specifying which 
        activities will be carried out by the Agency and which will be 
        carried out by nongovernmental organizations.

SEC. 6. ANNUAL HUMAN RIGHTS REPORTS.

    In each report submitted to the Congress pursuant to sections 
116(d) and 502B(b) of the Foreign Assistance Act of 1961, the Secretary 
of State shall include a description of each country's practices 
regarding the observation of and respect for the internationally 
recognized human rights of indigenous and tribal peoples in that 
country.

                                 <all>
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